Download South Africa – Public participation experiences.

South Africa – Public participation
experiences
Presentation by Jay Kruuse at GIFT’s Regional conference
on Public Participation in the Budget Process
Ljubljana, Slovenia
11 May 2017
www.psam.org.za
@Right_to_SAM
@cjkruuse
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Outline
• Why have Public Participation (PP) mechanisms?
• Authorizing environment
• Design and implementation of PP mechanism?
• Results & impact
• Lessons learned
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Why have a mechanism for Public Participation in South Africa?
Supreme law to :
• Heal divisions of the past - establish a society based on democratic values,
social justice & fundamental human rights;
• Lay foundations for a democratic & open society in which govt. is based on the
will of the people;
• Improve quality of life of citizens - free the potential of each person;
• Build a united & democratic South Africa.
Founding value: human dignity
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Authorizing environment
Freedom of expression (s.16 of SA Constitution):
•
Includes: freedom of the press; freedom to receive or impart information or
ideas;
Right to Information (s.32 of Constitution):
•
•
any info. held by the state
any info. held by another person & required for exercise or protection of rights.
Just administrative action (s.34 of Constitution):
•
•
•
Administrative action must be lawful, reasonable & procedurally fair;
Everyone whose rights adversely affected by administrative action has the right
to be given written reasons.
Courts can review admin. action.
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Authorizing enviro.
Public administration principles (s.195 of Constitution):
• People's needs must be responded to, public must be encouraged
to participate in policy-making.
• Public administration must be accountable.
• Transparency must be fostered by providing
public with timely, accessible & accurate info.
Service Delivery Improvement Plan (reg.38 of PSR)
- Must contain consultation arrangements with dept’s actual & potential service
recipients;
- Must stipulate a system or mechanism for complaints.
PFMA: “to secure transparency, accountability, and sound management
of the revenue, expenditure, assets and liabilities”
SA Constitution – creates justiciable socio-economic rights
f/work.
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OGP Commitments
SA’s OGP 2nd Country Action Plan 2013 - 2015:
• C1: Accountability/Consequences Management F/Work
• C6: Develop a citizen-participation guideline
• C7: Enhance Involvement of Civil Society in Budget Process
SA’s OGP 3rd Country Action Plan 2016 – 2018
• C1: Strengthen citizen-based monitoring to enhance
accountability & performance
• C2: Open Budgeting - enhance Public Participation in budget
process.
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Design & implementation of PP in SA
• Poor design & weak implementation of SA’s OGP 2nd Country
Action Plan 2013-2015.
Inadequate consultation during design of AP.
C1: Accountability/Consequences Management F/Work
IRM Report: “SA’s self-assessment report omitted this
commitment. “No evidence that this commitment has been
fulfilled.”
C6: Develop a citizen-participation guideline.
IRM Report: “Further work needed on basic implementation”;
“Commitment not yet implemented”; “stronger p/ship btn govt
& CSOs in finalizing guidelines”
C7: Enhance Involvement of Civil Society in Budget Process
IRM Report: “Level of completion: Unclear”; “No measureable
deadline”; “Commitment involved activities that did not stretch
govt. practice beyond baseline that existed before joining
OGP”; CSO’s “not convinced that their inputs ultimately
influence the budget”; “Significant revision of the Commitment”
needed.
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• Evidence of improved design & implementation of
SA’s OGP 3rd Country Action Plan
- Improved consultation in design of AP;
- Commitments more measurable with greater levels of
accountability.
- Certain coordinating Dept’s have greater influence.
• Open Budget Survey 2015 – South Africa
- While excelling in budget transparency (85/100) , public
participation (65/100) is of concern.
- “no formal requirement for the executive to engage with the public during
either the formulation or the execution phase of the budget process; instead the
public only has access to informal procedures to engage with the executive
during the budget process. The executive has established some mechanisms to
identify the public’s perspective on budget priorities, but these mechanisms are
not adequate. The “Tips for the Budget” tool, and the spaces established for
community participants … provide some access. In practice, however, these
mechanisms do not facilitate broad-based and effective participation.”
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OBS – South Africa
- SA should improve participation as follows:
-Establish formal regulations that oblige executive to
engage with the public during each stage of the budget
cycle.
- Provide detailed feedback on how public assistance and
participation has been used by the supreme audit
institution.
- SA should improve oversight by ensuring EBP given to legislators
at least 3 months before start of budget year.
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Results and impact
• Signs of progress implementing SA’s 3rd Country AP iro OGP:
C1: Strengthen citizen-based monitoring to enhance
accountability & performance
- Dept of Performance Monitoring & Eval
- Assurances by Finance Ministry & action.
- Auditor-General SA reports & advocacy
- HR Commission & Public Protector investigations
- Parliament appear more cognizant & receptive.
C2: Open Budgeting - enhance Public Participation in
budget process.
- Creation of Municipal Money web-based tool;
- Work between National Treasury & civil society to create
Open Budget Portal – feedback received – process u/way.
• OBS 2017: Strengthened indicators on public participation and
oversight. SA score & position may decline unless greater PP
commitment shown.
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Lessons learned
• Learn from your & others mistakes – don’t repeat them.
• Use/respect GIFT’s High Level Principles on Fiscal Transparency
• Make sure OGP lead dept’s have real coordinating powers – not
empty rhetoric.
• Explicit grounded authority in laws. Formal vs informal
• Open, well-planned & communicated OGP consultation
mechanisms
• Develop/support broad based CSO coalitions to sustain
engagement with OGP.
• Use GIFT’s Public Participation Guide
• Strategic public interest litigation
• Take OBS seriously
• Draw on and support Supreme Audit Institutions.
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Thanks
Website: www.psam.org
Twitter: @Right_to_SAM
Email: [email protected]
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